Radio Amateur Civil Emergency Service

RACES

News

FCC Dismisses RACES Petitions

In an Order released November 29, 1999 (DA No. 99-2654, action by
Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau), the Federal
Communications Commission has dismissed RM-9115, an ARRL petition filed March 12, 1997, seeking to
permit RACES participants and others to intercommunicate during emergencies, drills, and tests and
to expand the time allowed for RACES drills. In that same Order, The FCC also dismissed a petition
filed March 19, 1997, by James Cardillo-Lee, KE6VGV, asking for a rule change to permit hams who
also are emergency personnel engaged in disaster relief to use the Amateur Service bands while on
paid-duty status.

In denying the ARRL's petition for changes in the RACES rules, the
FCC said the League failed to demonstrate a separate rulemaking was warranted. The FCC noted that
it's currently considering "the necessity of separate licenses for RACES stations" in
another proceeding.

Background. On March 10, 1997, Mr. James Cardillo-Lee filed a petition for rule making, RM-9114,
requesting that Section 97.113 of the Commission's Rules be amended to permit amateur radio
operators who also are emergency personnel engaged in disaster relief to use the amateur service
bands when such operators are in a paid duty status. Mr. Cardillo-Lee states that the amateur
service rules prohibit an amateur station from transmitting communications where there is a
pecuniary interest including transmissions made on behalf of an employer. He also states that the
rules contains an exception for school teachers, who are allowed to conduct educational activities
on the amateur bands in connection with their employment.

In support of this request, Mr. Cardillo-Lee states that as part of disaster preparedness, law
enforcement and other safety personnel are being encouraged to become amateur radio operators and
that, from time to time, the need to use amateur service bands in the course of a disaster operation
may arise. He states that such use of the amateur bands by paid emergency personnel who are in a
duty status at the time could be viewed as making prohibited transmissions on behalf of an employer
if there is no immediate threat to life or property. Mr. Cardillo-Lee requests that the Rules be
amended to clarify that amateur radio operators who are emergency personal engaged in disaster
relief are not prohibited from using the amateur service bands while in a paid duty status. The
Commission sought comment on this petition on June 19, 1997. We received no comments on this
petition.

Decision. The international Radio Regulations define the amateur service as a radiocommunication
service for the purpose of self-training, intercommunication and technical investigations carried
out by amateurs, that is, by duly authorized persons interested in radio technique solely with a
personal aim and without pecuniary interest. In 1993, the Commission amended the amateur service
prohibited transmission rule, Section 97.113, to permit greater flexibility for amateur stations
while transmitting communications. Specifically, it amended the rule to allow amateur operators more
flexibility to provide communications for public service projects as well as to enhance the value of
the amateur service in satisfying personal communications needs and expand the benefits derived from
the amateur service by the general public. It noted that the vast majority of comments supported its
proposal to relax the prohibition against using the amateur service as an alternative to other radio
services such as the maritime services, land mobile radio services or the cellular telephone
service. The Commission stated that this action would allow licensees to use amateur service
frequencies, for example, to facilitate events such as races and parades, to support educational
activities, to provide personal communications such as making appointments and ordering food, to
collect data for the National Weather Service, and to provide assistance voluntarily even where
there are other authorized radio services available.

In that proceeding, the Commission also explicitly declined to devote staff resources to
development and maintenance of any list of permitted or prohibited communications under Section
97.113 because such a list would necessitate that it intrude upon the day-to-day functioning of the
amateur service to a far greater degree than it desired. Further, it stated that, in view of amateur
radio operators' desire to engage in widely diverse types of communications, "thousands of
examples" would have to be included on such a list. Instead of providing a list of anecdotal
examples of permitted and prohibited communications, the Commission adopted five general standards
that an amateur radio station control operator should use when deciding whether his or her station
should transmit a certain message. It also decided to rely on the amateur service's traditions of
self-regulation and cooperation between licensees, the cornerstones of the amateur service, to
determine whether specific communications should be transmitted on amateur service frequencies.

With regard to the specific request that we amend Section 97.113 of the Rules to clarify that
amateur radio operators who are emergency personnel engaged in disaster relief are permitted to use
the amateur service bands while in a paid duty status, we believe that such clarification is not
necessary because these two-way communications are permitted within the existing rules. In this
regard, we note that amateur radio operators who also are emergency personnel engaged in disaster
relief do not appear to be receiving compensation for transmitting communications. Rather, we
believe that these individuals are receiving compensation for services related to their disaster
relief duties and in their capacities as emergency personnel, and the fact they also are amateur
radio operators is incidental to these functions. Further, we note that under the Rules, if the
control operator of an amateur service station, who also is an emergency services provider engaged
in disaster relief, questions whether a particular message in support of disaster relief should be
transmitted on amateur service frequencies, he or she is under no obligation to transmit the
message. If the control operator decides that a particular message is not appropriate for
transmission on amateur service frequencies, we note that the message can be transmitted on
frequencies allocated to other radio services, because disaster relief organizations are eligible
for and have been assigned numerous radio channels in other radio services to meet their
communication needs.

We also note that the prohibition against transmitting communications, on a regular basis, which
could reasonably be furnished through other radio services, does not appear applicable to disaster
relief-related communication because disasters, by definition, are atypical occurrences. We also
believe that a rulemaking proceeding based on this petition is not necessary and that such a
proceeding would be inconsistent with the Commission's explicit statement that it will not devote
staff resources to development and maintenance of any list of permitted or prohibited
communications. After review of this petition, we conclude that the amendment it requests is
unnecessary and, therefore, does not warrant action by the Commission. For this reason, we will
dismiss Mr. Cardillo-Lee's rulemaking petition.

RM-9115

Background. On March 12, 1997, the ARRL filed a petition for rule making, RM-9115, requesting
that the amateur service rules be amended with respect to the Radio Amateur Civil Emergency Service
(RACES). Specifically, the ARRL requests that Section 97.407 be amended to permit intercommunication
between RACES participants and other amateur stations actively providing communications related to
an emergency or disaster situation, including drills and tests. In addition, the ARRL requests that
the present limitation on training drills and tests of one hour per week be modified so that such
drills and tests could be conducted for a maximum of five hours per week.

In support of this proposal, the ARRL states that there are two principal organizations of
amateur stations at the national level by which amateur radio stations provide emergency
communications on an organized basis. One is RACES, and the other is the Amateur Radio Emergency
Service (ARES). In addition, in some locations, amateur radio operators provide emergency
communications independently of RACES or ARES. The ARRL requests amendment of the amateur service
rules to permit intercommunication between RACES stations and ARES stations, as well as between
RACES stations and other amateur radio stations that are actively engaged in support communications
in an emergency or disaster situation, including drills and tests. It states that the rules
generally limit intercommunication of RACES stations to other RACES station or to an amateur radio
station registered with a civil defense organization. The Commission sought comment on this petition
on June 19, 1997.

Comments opposing this petition were received from Mr. Marshall King and Mr. Billy Geer. Mr. King
states that RACES is ineffective and it presents serious obstacles to the more structured and highly
successful ARES groups because it is not clear who is in charge of communications when multiple
groups are providing emergency communications. He also states that RACES is redundant and
unnecessary and should be eliminated. Mr. Geer states that a maximum of five hours per week for
training drills and tests is excessive.

Decision. One of the fundamental purposes of the amateur service is the recognition and
enhancement of the amateur service's value to the public as a voluntary noncommercial communication
service, particularly with respect to providing emergency communications. The importance of allowing
amateur stations to participate in providing essential communications when there is an emergency
situation or a natural disaster cannot be overstated. Because such communications may be
instrumental in saving human lives and protecting property, we believe that an amateur station
should be able to communicate with other amateur stations in furtherance of those objectives. Upon
review of the record in this matter, we find that the ARRL has failed to demonstrate that
commencement of a separate rulemaking proceeding on this issue is warranted, particularly given that
the ARRL submitted a similar request that was considered and denied in 1976 when the Commission
updated the rules for RACES. The ARRL has not indicated any significant change in circumstances that
would warrant a different outcome at this juncture. For this reason, we will dismiss RM-9115.

We note that our decision not to pursue further the ARRL rulemaking requests will not adversely
affect the ability of amateur service stations to provide emergency communications. Under the
current Rules, a primary, club, or military recreation station has more ability and flexibility than
a RACES station to provide emergency communications because a primary, club, or military recreation
station can provide emergency communications with any other amateur service station at any time and
on any frequency authorized the control operator of the station. In this regard, we note that the
ARRL also states that other amateur service emergency organizations can provide vital emergency
communication links that are not available to RACES stations. Additionally, we note that the
Commission currently is considering the necessity of separate licenses for RACES stations in another
proceeding. We conclude that no purpose would be served by initiating a proceeding proposing
revisions to Section 97.407 of the Commission's Rules at this time.

FCC Eliminates RACES Station Licenses

In a Report and Order adopted December 22, 1999, and released
December 30, 1999, the Federal Communications Commission adopted rule changes that eliminate Radio
Amateur Civil Emergency Service (RACES) station licenses. The Commission's comments are as follows:

"Background. The RACES, as it was envisioned when it was
authorized in 1952, was to be a temporary service designed to afford radio communication for civil
defense purposes. Under our Rules, we permit two types of stations to operate as part of the RACES:
(1) a licensed RACES station, and (b) any amateur station that has been properly registered with a
civil defense organization. Thus, we observed that to engage in RACES communications, it is not
necessary to have a RACES station license with a separate and distinct call sign. For that reason,
we proposed to amend our Part 97 Rules to phase out RACES station licenses by not renewing them. We
observed that by eliminating the RACES station licenses, we would be taking steps which (a) would
eliminate licensing duplication because emergency communications that are now transmitted by RACES
stations also may be transmitted by primary, club, or military recreation stations, and (b) would
conserve our financial resources. We also observed that no new RACES station licenses have been
granted since July 4, 1980. In addition, we proposed to continue the status quo by not issuing any
new RACES station licenses.

"Decision. Most of the comment specifically addressing this
issue support our proposal to phase out RACES station licenses. In contrast, the elimination of
RACES station licenses is opposed by Mr. William R. Slye, Jr. He states that in an emergency
situation, it is beneficial to have a continuity of call signs so that a certain call sign is
associated with a particular Emergency Operations Center or other emergency facility. He also
believes that issuing RACES licenses is not overly burdensome to the Commission because current
automation in licensing is available at the Commission. Taking a neutral position, Mr. Martin D.
Wade suggests that before we take any further action regarding RACES station license, we should
further study the RACES program and its place in Part 97 of our Rules.

"After review of the record, we conclude that we should
eliminate RACES station licenses because RACES station licenses are unnecessary for amateur stations
and amateur service licenses to provide emergency communications. Additionally, these licenses
duplicate the communications that we have authorized primary, club, or military recreation stations
to transmit, and not issuing RACES station licenses would conserve our financial resources because,
currently, such issuance is not an automated process."

The FCC ordered that effective April 15, 2000, Part 97 of Chapter I
of Title 47 of the Code of Federal Regulations is amended accordingly.

FCC Announces Launch of the Public Safety and Homeland Security Bureau

The Federal Communications Commission on September 26, 2006,
announced the launch of the Public Safety and Homeland Security Bureau. The
events of September 11, 2001, and last year’s hurricane season underscored
America’s dependence on an effective national telecommunications
infrastructure. The new bureau will build on the Commission’s longstanding
commitment to meet the needs of public safety by promoting robust, reliable, and
resilient communications services in times of emergency.

The Public Safety and Homeland Security Bureau is designed to
provide an efficient, effective, and responsive organizational structure to
address matters related to public safety, homeland security, and emergency
management and preparedness. The bureau is responsible for the combined
public-safety-related functions that were previously dispersed among the other
bureaus and offices.

The Public Safety and Homeland Security Bureau is organized into
three divisions:

Policy Division

– The
Policy Division drafts, develops, and administers rules, regulations, and
policies, including those pertaining to the 911/Enhanced 911 (E911), Public
Safety Answering Points (PSAPs), operability and interoperability for
public-safety communications, communications infrastructure protection, network
security, and reliability. In addition, the Policy Division oversees the
licensing of spectrum for public-safety entities (e.g.,
police and fire departments).

Public Communications Outreach & Operations Division

–
The Public Communications Outreach & Operations Division (PCOOD) is the lead
bureau groupresponsible for coordinating the
Commission’s emergency response procedures and operations. The Division
coordinates the Commission’s public-safety, homeland-security,
national-security, disaster-management, and related functions on a day-to-day
basis. During incidents or emergencies PCOOD serves as the lead point of contact
for all inter-governmental coordination activities with other Federal
departments and agencies. The division will operate the Commission’s
Communications Center (COMM-CTR) and High Frequency Direction Finding Capability
(HFDFC) facilities.

FCC Deletes Frequency Bands and Segments Specified for RACES Stations

In a Report and Order adopted October 6, 2006,
and released October 10, 2006, the Federal Communications Commission adopted
rule changes that delete frequency bands and segments specified for RACES
stations. Further, the Commission dismissed a proposal to delete the
restrictions of Section 97.407(c) and (d). In its discussion on the R&O, the
Commission made the following comments:

"Background. RACES was
established in 1952. It authorizes specific frequency bands for amateur service
stations to use for providing civil defense communications in the event that
amateur service use of the radio spectrum is suspended due to war or other
national emergency.Currently, Section 97.407(b) of our
Rules authorizes RACES stations and amateur stations participating in RACES to
transmit on certain specified frequency segments during periods of wartime
emergency.Section 97.407(b) does not indicate, however,
that such authorization is subject to procedures for the use and coordination of
the radio spectrum during such emergencies specified in, among other places,
Parts 201 and 214 of Title 47 of the Code of Federal Regulations.These procedures specify that during certain periods of wartime
emergency,the Director of the Office of Science and
Technology Policy (OSTP) will serve as the central authority over the Nation's
telecommunications facilities, systems and services,and
will authorize, modify, or revoke the continuance of all frequency
authorizations issued by the Commission.Additionally,
these procedures authorize the Director, OSTP to issue policy guidance, rules,
regulations, procedures, and directives to assure effective frequency usage
during wartime emergency conditions.In the NPRM,
the Commission sought comment on whether it should amend Section 97.407(b) of
our Rules to delete the frequency bands and segments specified therein and to
clarify that during certain emergencies the frequency segments available to
RACES stations and amateur stations participating in RACES would be authorized
pursuant to Part 214 of our Rules, in light of the authority presently granted
the Director, OSTP.

"Decision. Based on the
record before us, we believe that deleting the frequency bands and segments
specified for RACES stations is warranted. We agree with ARRL that, because the
Director, OSTP has authority over RACES operations in terms of frequencies to be
used, the specification of RACES bands during a wartime emergency is unnecessary
and duplicative, and can be eliminated, provided that there is a cross-reference
to Part 214 of the Commission’s Rules in Section 97.407.Accordingly,
we will revise Section 97.407(b) as proposed.

"Mr. DiGennaro notes that
local emergency management agencies look to the amateur service to provide
essential communications and facilitate relief actions in times of emergencies.He believes the public interest would be better served if we 'clarify the
limitations imposed on an amateur station operating in RACES' and whether such
limitations apply to all RACES operation or only when RACES operates after the
Presidential War Emergency Powers have been invoked.Specifically,
he argues that if the restrictions of Section 97.407(c) and (d)are
interpreted to apply to all RACES operation, and not just when the Presidential
War Emergency Powers have been invoked, then the rule should be revised because
'[t]he current interpretation of the rules creates an environment of isolation
between RACES and other amateur emergency entities [that] is not effective or
efficient in serving the public interests.'The NPRM did
not propose changes to the communications RACES stations may transmit or the
stations with which RACES stations may exchange messages. We therefore conclude
that this proposal is beyond the scope of this proceeding. Moreover, we note
that this proposed rule change would significantly alter the nature of RACES,
which was originally envisioned to be a temporary service that would allow only
RACES stations to continue radio communication for civil defense purposes when
all amateur stations were directed to cease transmitting.In
response to Mr. DiGennaro's request for clarification, we confirm that the
restrictions of Section 97.407(c) and (d) apply to all RACES operation, and not
only when the Presidential War Emergency Powers have been invoked.

"Mr. DiGennaro also requests
that we amend Section 97.113 of our Rules, which prohibits '[c]ommunications for
hire or for material compensation, direct or indirect, paid or promised,' by
amateur stations,to clarify that amateur licensees who,
by virtue of their employment, are directly involved in facilitating relief and
recovery in times of disaster are not prohibited from effecting emergency
communications using amateur radio.We conclude that the
proposed rule change is not necessary, however, because Section 97.113 does not
prohibit amateur radio operators who are emergency personnel engaged in disaster
relief from using the amateur service bands while in a paid duty status.These individuals are not receiving compensation for transmitting amateur
service communications; rather, they are receiving compensation for services
related to their disaster relief duties and in their capacities as emergency
personnel."

FCC Issues Public Notice on Amateur Service Communications During Government
Disaster Drills

In a public notice ("Amateur Service
Communications During Government Disaster Drills") released on October 20,
2009, the FCC stated the following:

Transmissions
by amateur stations participating in government disaster drills must comply withall applicable amateur service rules. While the value of
the amateur service to the public as a voluntary noncommercial communications
service, particularly with respect to providing emergencycommunications,
is one of the underlying principles of the amateur service,1 the
amateur service is not anemergency radio service.
Rather, it is a voluntary, non-commercial communication service authorized forthe purpose of self-training, intercommunication and
technical investigations carried out by licensedpersons
interested in radio technique solely with a personal aim and without pecuniary
interest.2

State and local
government public safety agencies occasionally conduct emergency preparednessor disaster drills that include
amateur operations. Some entities, such as hospitals, emergency operationscenters, and police, fire, and
emergency medical service stations, have expressed interest in having theiremployees who are amateur station
operators participate in these drills by transmitting messages on theentity’s
behalf. The Commission’s Rules, however, specifically prohibit amateur
stations fromtransmitting
communications “in which the station licensee or control operator has a
pecuniary interest,including
communications on behalf of an employer.”3

Given the public
interest in facilitating government-sponsored emergency preparedness anddisaster
drills, we take this opportunity to provide a clear process for requesting a
waiver, and theinformation
that we require in order to consider granting such a request.4Waiver requests should besubmitted
to the Wireless Telecommunications Bureau by the government entity conducting
the drill, andmust provide
the following information: (1) when and where the drill will take place; (2)
identification ofthe
amateur licensees expected to transmit amateur communications on behalf of their
employers; (3)identification
of the employers on whose behalf they will be transmitting; and (4) a brief
description ofthe drill. We
emphasize that the filing of a waiver request does not excuse compliance with
the ruleswhile that request
is pending. The waiver must be requested prior to the drill, and employees may
nottransmit amateur
communications on their employer’s behalf unless the waiver request has been
granted.

In an actual
emergency, the Commission’s Rules provide that an amateur station may use anymeans of radiocommunication at its disposal to provide
essential communication needs in connectionwith
the immediate safety of human life and the immediate protection of property when
normalcommunication systems are not available.5
In those circumstances, rule waiver is not necessary.

For further
information regarding matters discussed in this Public
Notice, contact William T.Cross
of the Wireless Telecommunications Bureau, Mobility Division, at (202) 418-0680,William.Cross@fcc.gov.

By the Chief,
Wireless Telecommunications Bureau; Chief, Public Safety and Homeland SecurityBureau; and Chief, Enforcement Bureau.

___________________________________________________________________1See 47
C.F.R. § 97.1(a). See also Recommendations
of the Independent Panel Reviewing the Impact of HurricaneKatrina on Communications Networks,
Order, EB Docket No. 06-119; WC Docket No.
06-63, 22 FCC Rcd 10541,10576
¶ 111 (2007) (noting that the amateur radio community played an important role
in the aftermath of HurricaneKatrina
and other disasters).

2See 47 C.F.R. § 97.3(a)(4).

3See 47 C.F.R. § 97.113(a)(3) (emphasis
added).

4See
47 C.F.R. § 1.925

5See
47 C.F.R. § 97.403. See
also Amendment of Part 97 of the Commission’s
Rules Governing the Amateur RadioServices,
Report and Order, WT
Docket No. 04-140, 21 FCC 11643, 11667 ¶ 52 (2006) (clarifying that amateur
radio operators who are emergency personnel may use their amateur radio stations
while in paid duty status, but not addressing the prohibition against
transmitting messages on behalf of an employer).

FCC Amends Rules for Employees in Drills

On July 14, 2010, the
Federal Communications Commission adopted and released a Report
and Order to amend its Amateur
Radio Service Rules to permit amateur radio operators to transmit messages,
under certain limited circumstances, during either government-sponsored or
non-government sponsored emergency and disaster preparedness drills, regardless
of whether the operators are employees of entities participating in the drill.
The new Rules became effective September 3, 2010. Although public-safety
land-mobile radio systems are the primary means of radio-based communications
for emergency responders, the FCC said “experience has shown that amateur
radio has played an important role in preparation for, during, and in the
aftermath of natural and man-made emergencies and disasters.”

The previous rules provided
for amateur radio use during emergencies. At the same time, the Rules prohibited
communications in which the station licensee or control operator has a pecuniary
interest, including communications on behalf of an employer. While there are
some exceptions to this prohibition, there is none that would permit amateur
station control operators who are employees of public-safety
agencies and other entities, such as hospitals, to participate in drills, tests,
and exercises in preparation for such emergency situations and transmit messages
on behalf of their employers during such drills and tests. Accordingly, the FCC
amended its Rules to provide that, under certain limited conditions, amateur
radio operators may transmit messages during emergency and disaster preparedness
drills and exercises, limited to the duration of such drills and exercises,
regardless of whether the operators are employees of entities participating in
the drills or exercises.

The new permission for
employees of entities participating in the drills or exercises is limited to the
duration and scope of the drill, test, or exercise being conducted, and
operational testing immediately prior to the drill, test, or exercise. Further,
when such operations are conducted in these limited circumstances, the amateur
communications are only one component of the overall and more extensive
communications activities that are involved with emergency drills and tests.
Moreover, under existing Rules, licensed employees may use amateur radio
privileges when an emergency has rendered other communications unavailable. The
FCC’s decision reflects the practical reality that a large number of agencies
and organizations at the state and local levels coordinate with their local
volunteer amateur radio operators to conduct emergency drills and exercises in
concert with other modes of communication, such as land-mobile radio. This
integrative activity is essential to allow for a practiced response on the part
of the first-responder community in the event of an emergency. Because some of
those drills and exercises include transmission of amateur communications by
employees of participating entities, this rule amendment will support the
Commission’s ongoing emergency preparedness and response priorities and is
therefore consistent with the public interest.

The FCC declined to
adopt specific time restrictions other than a limit tied to the duration of the
exercise. The Commission found that such matters should be left to the
discretion of the sponsoring agencies. However, the amendment does not permit
communications unrelated to the drill or exercise being conducted. The
Commission declined to specify the timing or duration of government-sponsored
emergency drills.

As with
government-sponsored emergency drills, the FCC limited the amateur operations in
connection with nongovernment sponsored emergency drills to the duration and
scope of the drill, test, or exercise being conducted, and operational testing
immediately prior to the drill, test, or exercise. Moreover, the Commission
requires that nongovernment sponsored drills and tests be limited to no more
than one hour per week; except that no more than twice in any calendar year,
they may be conducted for a period not to exceed 72 hours. This time limitation,
“should serve to further ensure the use of amateur radio for bona fide
emergency testing. We emphasize that the purpose for any drills we authorize
herein must be related to emergency and disaster preparedness. By limiting the
purpose in this manner, we further ensure that such drills will be appropriately
limited.” (Note that these time limitations for non-government sponsored
drills and tests are the same as specified in the FCC’s RACES Rules. However,
no time limitations have been imposed on government-sponsored drills and tests
that are not conducted under the RACES Rules.)

Final Rules

Part 97 of Chapter 1 of
Title 47 of the Code of Federal Regulations is amended as follows:

paragraphs
(c) and (d) as new paragraphs (a)(3)(iii) and (a)(3)(iv) respectively, and
redesignating paragraphs (e) and (f) as (c) and (d) respectively, to read as
follows:

§
97.113 Prohibited transmissions.

(a) * * *

(3) Communications in which the station licensee or control
operator has a pecuniary interest, including communications on behalf of an
employer, with the following exceptions:

(i) A station licensee or control station operator may
participate on behalf of an employer in an emergency preparedness or disaster
readiness test or drill, limited to the duration and scope of such test or
drill, and operational testing immediately prior to such test or drill. Tests
or drills that are not government-sponsored are limited to a total time of one
hour per week; except that no more than twice in any calendar year, they may
be conducted for a period not to exceed 72 hours.

(ii) An amateur operator may notify other amateur operators of
the availability for sale or trade of apparatus normally used in an amateur
station, provided that such activity is not conducted on a regular basis.

(iii) A control operator may accept compensation as an
incident of a teaching position during periods of time when an amateur station
is used by that teacher as a part of classroom instruction at an educational
institution.

(iv) The control operator of a club station may accept
compensation for the periods of time when the station is transmitting
telegraphy practice or information bulletins, provided that the station
transmits such telegraphy practice and bulletins for at least 40 hours per
week; schedules operations on at least six amateur service MF and HF bands
using reasonable measures to maximize coverage; where the schedule of normal
operating times and frequencies is published at least 30 days in advance of
the actual transmissions; and where the control operator does not accept any
direct or indirect compensation for any other service as a control operator.

FCC Removes References to RACES Station Licenses

In a Report and Order (WT Docket No. 09-209) adopted November 2, 2010, and
released November 8, 2010, the FCC amended Part 97 to remove references to RACES
station licenses, since it decided in 2000 not to renew RACES station licenses.
The new rules will probably become effective early in 2011. Section 97.407 was
amended by removing paragraph (d) and its subparagraphs, redesignating paragraph
(e) as paragraph (d), and revising paragraphs (a), (b), and (c) to read as
follows:

§ 97.407 Radio
amateur civil emergency service.

(a) No station may transmit in RACES unless it is an
FCC-licensed primary, club, or military recreation

station
and it is certified by a civil defense organization asregistered
with that organization. No personmay
be the control operator of an amateur station transmitting in RACES unless that
person holds a FCC-issuedamateur
operator license and is certified by a civil defense organization as enrolled in
thatorganization.

(b) The frequency bands and segments and emissions authorized to
the control operator are available to stations transmitting communications in
RACES on a shared basis with the amateur service. In the event of an emergency
which necessitates invoking the President's War Emergency Powers under the
provisions of section 706 of the Communications Act of 1934, as amended, 47
U.S.C. 606, amateur stations participating in RACES may only transmit on the
frequency segments authorized pursuant to part 214 of this chapter.

(c) An amateur station registered with a civil defense
organization may only communicate with the following stations upon authorization
of the responsible civil defense official for the organization with which the
amateur station is registered:

(1) An amateur station registered with the same or another
civil defense organization; and

(2) A station in a service regulated by the FCC whenever such
communication is authorized by the FCC.

(

d) All communications transmitted in RACES must be specifically
authorized by the civil defense organization for the area served. Only civil defense communications
of the following types may be transmitted:

(1) Messages concerning impending or actual conditions
jeopardizing the public safety, or affecting the national defense or security during periods of
local, regional, or national civil emergencies;

(2) Messages directly concerning the immediate safety of life of
individuals, the immediate protection of property, maintenance of law and order, alleviation of
human suffering and need, and the combating of armed attack or sabotage;

(3) Messages directly concerning the accumulation and
dissemination of public information or instructions to the civilian population essential to the
activities of the civil defense organization or other authorized governmental or relief agencies;
and

(4) Communications for RACES training drills and tests necessary
to ensure the establishment and maintenance of orderly and efficient operation of the RACES as
ordered by the responsible civil defense organization served. Such drills and tests may not exceed
a total time of 1 hour per week. With the approval of the chief officer for emergency planning in
the applicable State, Commonwealth, District, or territory, however, such tests and drills may be
conducted for a period not to exceed 72 hours no more than twice in any calendar year.